Judge rules for Green Bay in trash-to-energy lawsuit

GREEN BAY - The proposed waste-to-energy plant on Green Bay's west side has hit yet another snag.

Wednesday afternoon a judge upheld the city's decision to revoke the project's permit.

The Oneida Seven Generations Corp, the business arm of the Oneida Nation, was building the plant on Hurlbut Street. It filed the lawsuit in November.

Construction on the garbage-to-energy plant will remain quiet, and could be for good.

"If anything there is inconsistencies, but to be frank, I think there was misrepresentation," said Judge Marc Hammer during court.

Wednesday afternoon, a judge ruled the city's decision to revoke the permit should stand.

Oneida Seven Generations Corp filed a lawsuit, claiming the council unlawfully pulled the permit.

The city council initially okayed the plan in March of 2011, but then the council reversed its decision last October.

Some city council members felt mislead by the initial plans, which among other things did not include smoke stacks.

The DNR later had the company add the smoked stacks. That created a lot of the heated debate.

"A lot of people thought they misunderstood what was going on, I myself was one of them. I clearly agree with the judge, obviously," said Green Bay Alderman Thomas DeWane.  "I'm thankful he made the decision he did and I hope we can move forward and work with the Oneidas like we have in the past."

However during court, company attorneys argued it followed all necessary guidelines.

But in the end, the judge disagreed.

"The Oneida Tribe values and will continue to value its relationship with the city of Green Bay and with the people of Green Bay," explained Oneida Tribal Chairman Ed Delgado. "We are obviously disappointed and we will consider our options as we move forward."

OSGC attorneys would not answer any questions after court.

The OSGC can appeal Wednesday's decision as well as seek damages.

It estimates construction and design costs total more than $4-million.